BUFFALO, N.Y. — The New York Attorney General's Office on Wednesday released the body camera video of a fatal trooper-involved shooting that happened on February 12.
The shooting resulted in the death of James Huber, 38, after an incident in downtown Buffalo. A trooper also suffered minor injuries.
Following the shooting, the AG's office began an investigation. The AG's office said, "The release of this footage follows Attorney General James’ directive that videos obtained by her office in the course of investigations conducted by the Office of Special Investigation be released to the public in order to increase transparency and strengthen public trust in these matters."
According to New York State Police, at 10:38 a.m., on February 12, troopers were contacted about an erratic driver on the New York State Thruway (I-90). State police say the vehicle was spotted traveling at an excess of 100 mph in the Town of Brant.
During a pursuit that followed, the alleged driver, Huber, struck a New York State Police vehicle. That driver allegedly continued to drive erratically and exited onto the I-190 heading northbound into the City of Buffalo.
State Police said Huber then exited into downtown Buffalo and the chase was called off.
While troopers were patrolling, they located Huber, who had pulled over and was talking to bystanders, while parked on East Eagle Street, near Washington Street.
Troopers then approached the vehicle and gave verbal commands. State police said the trooper reached into the vehicle, and then Huber attempted to drive off from the scene, putting the vehicle in reverse.
The trooper then discharged their firearm Huber, police said.
Former local prosecutor John Elmore walked through the videos with 2 On Your Side's Liz Lewin and had several takeaways as it relates to whether the trooper was justified in his use of a deadly weapon.
Elmore says that while body cam footage is extremely helpful as evidence, for both parties, it's important to consider all factors leading up to an event. In this case, it's Huber's death.
"You almost have to go all the way back to where the chase was and how erratic the driver was," Elmore explained. "Were police officers' lives placed in danger? Was he trying to ram them? Was he close to ramming other vehicles?"
As for the question of use of a deadly weapon?
"A police officer is justified in using deadly physical force when imminent deadly physical force is used against him or another person," Elmore said. "In this case, a car could be considered to be deadly if he felt the car was going to be used to ram him, or kill him, or hurt him or another person. Then he would be justified."
The investigation into this case is on-going.
2 On Your Side reached out to the trooper's station for an employment status update and we have yet to hear back.
The AG's office released three videos from body cameras.
WARNING: The following videos contain strong language and content that is disturbing to others.